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Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 13 - CHAPTER 273
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273.10 Juror Unanimity: Specific Offenses

    273.10.10 Jury Unanimity: Perjury

    273.10.10.1 Perjury: Requirement Of Juror Unanimity As To At Least One False Statement

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 13 - CHAPTER 273

PRACTICE NOTE: Where a single count of perjury is based on allegations that a defendant testified to more than one falsehood the jury should be instructed that it must unanimously agree on at least one of the false statements. (U.S. v. Fawley (7th Cir. 1998) 137 F3d 458, 472 [to find a given defendant guilty of perjury, the jury must unanimously agree that a particular material statement was false]; see also U.S. v. Holley (5th Cir. 1991) 942 F2d 916, 929 [unanimity instruction given, requiring only that each juror individually find at least one statement in each count to have been knowingly false, left open possibility that less than all jurors found any one statement to be knowingly false]; People v. McRae (CA 1967) 256 CA2d 95, 120-21 [63 CR 854].)

    See also generally, FORECITE National™ 95.3 [Perjury: Defenses And Defense Theories].

See generally, FORECITE National™ 305.10.4 [Jury Unanimity].

See generally FORECITE National™ 273.1.5 [Jury Unanimity: Federal Model Instructions And Notes].